NAGALAND PUBLIC SERVICE COMMISSION Vs. TOVIHOLI SWU

JUDGEMENT

(1.) These intra-Court appeals preferred by the appellants/Nagaland Public Service Commission (NPSC, for short) are directed against the judgment & order, dated 13.11.2019, passed in WP(c)56(K)2018 and WP(c)214 (K)2018, whereby the learned Single Judge had directed to keep 1(one) post of Extra-Assistant Commissioner (EAC, for short) and 1(one) post of Secretariat Assistant(SA, for short) out of 15 posts and 40 posts, respectively, to be reserved for the visually disabled or impaired persons in connection with Advertisement, dated 31.08.2018, issued by the NPSC. The learned Single Judge had further directed the State Government to take appropriate action as per Section 33 & 34 and other provisions of the Rights of Persons with Disabilities Act, 2016(hereinafter referred to as the 'Act of 2016', for short), within a period of 5(five) months.

(2.) The facts leading to filing of the present writ appeals, be stated, as follows:

(3.) The case of the writ petitioner as projected in the writ petition before the learned Single Judge was that as the Advertisement, dated 31.08.2018, was issued after coming into force of the Act of 2016, the respondent authorities ought to have provided for reservation of the posts for the physically challenged persons as provided under the Act of 2016. The same having not been done, the respondent authorities be directed to provide for reservation of posts for physically challenged persons in the recruitment initiated vide Advertisement, dated 31.08.2018, after necessary identification of the posts for the purpose of reservation under the Act of 2016, is made.